Office of International Services Indiana UniversitySpring 2017

• Familiarity with U.S. visa system

• Discussion of non-immigrant employment options

• Long-term career planning

• Graduate/Undergraduate

• Music majors

• Canada – Mexico – Singapore – Chile – Australia

• J1 students / F1 students / non-students

• STEM majors

• May graduates

• B1/B2 Visitor Business/Travel (WB/WT)

• F-1 Student on Optional Practical Training

• J -1 Student on Academic Training

• J -1 Professor or Researcher

• J -2 Spouse or Child

• TN (Treaty NAFTA --Canada/Mexico)

• E-3 Specialty Occupation (Australia)

• O-1 Extraordinary

• H-1B Specialty Occupation

F1- Students should ATTEND AN OPT SESSIONRegister online through iStart

Optional Practical Training is not the same as

Curricular Practical Training

ADVANTAGES Easy to processValid up to 12 months if workingPossible 24month extension for

STEM majorsNo job offer needed to applyNo salary issue Can work for any employer in

field of study Cap-Gap protection

LIMITATIONS

Can be difficult to renew visa abroad

Approximately 90 days to process at USCIS

Maximum 90 days of unemployment

Must be employed in field of study

Questions F-1 Optional Practical Training?

ADVANTAGES

Authorized by program sponsorNo specific employerValid for 18 or 36

months Can be part-time J -2 can continue work

authorization from USCISNo salary issue

LIMITATIONS

Some sponsors don’t authorize

Must have job offer in field

Can be difficult to renew visa abroad

No specific employer

Can be part-time or full-time

Must apply to USCIS for work authorization

Typically approved for one year at a time but could be approved for longer

ADVANTAGES

Valid up to 5 years Can be part-time J -2 can apply for work

authorization from USCISNo salary issue

LIMITATIONS

Not for tenure track Possible 2 - year home

residence requirement Not for J -1 students May be subject to 12 or

24 month bars on repeat participation

ADVANTAGES

Easy processingUnlimited extensionsNo salary issue

LIMITATIONS Canadian/Mexican citizens Limited Professions Spouse cannot work Three years at a time Travel problems if immigrant

intent

• Similar to H-1BoSalary requirementsoIf applying for visa abroad a petition does not have

to be processed by USCIS

• 10,500/year• Dependents can apply for work authorization

Extraordinary ability in the sciences, arts, education,

business, or athletics

No degree requirement (musicians)

Paper intense petition

O-1 is an option even if subject to 2-year home

residence requirement from a previous J status

Musicians can use for multiple gigs

E-1: treaty trader E-2: treaty investor L: intra-company transfereeP-1, P-2, P-3: performing artist or athlete

ADVANTAGES

Allows for dual intent Six years maximum in

most casesMultiple employersPremium ProcessingPortabilityH-4 spouse can work

in some cases

LIMITATIONS H-1B Cap for industry Employer-specific Position must require a

bachelor’s degree at a minimum

Minimum salary requirement Not eligible if subject to J-1

two-year home residence requirement

Confirms:

Worker paid actual wage paid to all other workers, OR prevailing wage, whichever is higher

No effect on working conditions of those similarly employed

No strike, lockout, or work stoppage

Notice provided to other workers at worksite

Documents that position requires a professional degree

Documents that the foreign national meets the requirements

of the position

Submitted with approved LCA from Dept of Labor

May submit an application 6 months prior to intended

employment start date

Paid by employer $460application fee $500 anti-fraud detection fee Some employers may pay $1,500 employer

training fee ($750 for employers with 25 or fewer full-time employees)

Paid by employer or employeeOptional $1225Premium Processing fee

(currently suspended)

Lawyer fees

Cap of 65,000 set by Congress

20,000 additional for US masters degree and higher

Cap year runs October 1 to September 30 each year

Can file April 1 for start date of October 1 (6 months prior)

Cap is often been met immediately (mid- April this year)

Set asides for Chile and Singapore

Institution of higher education or a related or affiliated

nonprofit entity; nonprofit research organization;

governmental research organizations

Anyone counted against the cap at some point during the

previous six years

H-1B extension or amendment petitions

For H-1B employment

E-form in iStart

For companies who may not have Human Resource personnel or immigration counsel to file the H1B petition

Referral for IU students

Student OPT that expires before October 1

Approved H-1B petition start date October 1

What do I do?

Can I stay in the U.S.?

Possible Options

STEM OPT extension

Cap-Gap extension

Travel out of the US

Cap exempt employer

Change of status

**Attend an OPT Information Session**

Sends out resumes Applies Interviews

Feb 2017 Applies for OPT April 2017 Offered job by ABC Co. (related to

her studies),April 2017 Employer files H-1B petition for her,

requesting validity dates of 10/01/17 - 09/30/20

May 2017 Graduates June 2017 Starts employment on F-1 OPT

valid 6/1/17 - 5/31/2018October 2017 Status change to H-1B on 10/01/17

Sends out resumes Applies Interviews

Feb 2017 Applies for OPTMay 2017 Graduates and receives OPT from

06/10/2017 - 06/09/2018 Sept 1 2017 Offered job by ABC Co. working on

valid OPT authorizationApril 1, 2018 ABC Co. submits H-1B petition with

start date of October 1, 2018 June 10, 2018 ????

Options if H-1B petition approved• Remain in the US and work under Cap Gap coverage

because employer filed H-1B petition while in valid OPT status

Options if H-1B petition not approved• H-1B opportunity with a cap exempt employer• Other visa options: J-1, O-1, E-3 Australian, TN• STEM OPT extension filed prior to expiration of original

OPT authorization

February 2017 Applies for OPT

March 2017 Offered job by State University

March 2017 State University submits H-1B petition for August 1, 2017 start

May 2017 Graduates, OPT approved from July 1, 2017 through June 30, 2018

August 1, 2017 Starts employment with State Univin H1B status

Sends out resumes Applies Interviews

You can work in U.S. without green card!

Optional Practical Training – 12 months with an additional 24 months for STEM majors Academic Training – 18 months/36 months H-1B – up to 6 years J -1 Professor/Researcher – up to 5 years O-1 exceptional ability And more

Non-immigration options do not require advertisingDoes not matter if US Citizens have applied

Sign-up for OPT Sessions if you are an F-1 student

See OIS website for information on Academic Training if you are a J-1 student

Check out the International Services Web Pages

Network with alumni

Visit career offices including SPEA, Career Services Online, and Career Development Center

Poplars 221

700 E. Seventh Street

Bloomington IN 47405

855-9086

OIS@iu.eduwww.ois.iu.edu

GOOD LUCK!

Office of International Services Indiana UniversitySpring 2017

Familiarity with U.S. visa system

Discussion of routes to permanent residence

Long-term career planning

Legal Permanent ResidentsGreen Card holders I-551 stamp in passportResident Aliens (also a TAX term)PR

Not the same as CITIZENSHIP

EB-1 Extraordinary AbilityOutstanding Professor/Researcher

EB-2 Labor Certification Advanced Degree; National Interest Waiver

EB-3 Labor Certification Bachelors Degreeor Skilled Worker

EB-4 Special Immigrants and Religious Workers

EB-5 Employment Creation

FB-1 Unmarried child under 21 of USC

FB-2 Family of Permanent ResidentSpouse/minor child of PRUnmarried child over 21 of PR

FB-3 Married child of USCFB-4 Brother/sister of USC

Spouse of USC

Parents of USC age 21 or over

Unmarried children under 21 of USC

*Unless 2 year requirement applies

Application Period: October - December

Electronic submissions ONLY

Countries with high immigration rates are not eligible to participate

http://www.travel.state.gov

Diversity Lottery 2018Countries NOT eligible to apply

more than 50,000 immigrants in the past 5 years

BANGLADESH EL SALVADOR PERUBRAZIL HAITI PHILIPPINESCANADA INDIA SOUTH KOREACHINA (mainland-born) JAMAICA UNITED KINGDOM COLOMBIA MEXICO (except N. Ireland & terr.)

DOM. REPUBLIC NIGERIA VIETNAMPAKISTAN

Persons born in Hong Kong SAR, Macau SAR, Taiwan are eligible

**based on country of birth**

Labor Certification starts with Dept of LaborStep 1 -- Labor Certification applicationStep 2 -- I-140 based on Labor CertificationStep 3 -- I-485 for Permanent Residence

I-140 Petition starts with USCISStep 1 -- I-140 based on Outstanding,

Extraordinary, National Interest WaiverStep 2 -- I-485 for Permanent Residence

A determination by the Department of Labor that no qualified USC or PR is available to accept the position.

PERM application filed with the Department of Labor as first step toward permanent residence.

Always requires advertising.

Can use advertising from initial hire

Requires print or online advertisement in a national professional print or online journal

Can hire best qualified, not just minimally qualified

Must be filed within 18 months of offer of employment

Salary requirements

Extensive re-advertising required

Experience/qualifications gained in the position often cannot be used to meet position requirements

Focus on minimum requirements for the position

Salary requirements

Peter has OPT through August 2017

Feb 2017 Applies for faculty position at State Univ advertised in The Chronicle of Higher Education

April 2017 Offered position, H-1B petition filed with start date 08/01/2017

May 2017 Special Handling Labor Certification filed by State Univ using original advertisement and recruitment

Aug 2017 Begins employment as H-1BJan 2018 Labor Certification approved, I-140 filed

Betty is a Financial Analyst in the Treasurer’s Office at State University with an H-1B valid through December, 2018

March 2017 State Univ sponsors Betty for green card, places ads, files with Dept of Labor, internal postings, etc.

June 2017 State Univ screens applicants, no one meets job requirements but Betty.

July 2017 Labor Certification filed

January 2018 Labor Cert approved, I-140 filed with USCIS

May 2018 I-140 approved

May 2018 Betty files I-485 application for PR along with spouse and children. She continues working as an H-1B during the process.

Sept 2018 Betty and family granted permanent residence status

Step 1 -- file Labor Certification with Labor 2-8 months to prepare Currently ~4-6 months for DOL to adjudicate

Step 2 -- file form I-140 with USCIS Currently ~4-6 months processing time

Step 3 -- file form I-485 to adjust to PR status if a visa number is available

Currently 6-10 months for employment-based petitions

Labor Certification starts with Dept of LaborStep 1 -- Labor Certification applicationStep 2 -- I-140 based on Labor CertificationStep 3 -- I-485 for Permanent Residence

I-140 Petition starts with USCISStep 1 -- I-140 based on Outstanding,

Extraordinary, National Interest WaiverStep 2 -- I-485 for Permanent Residence

Filing form I-140 immigrant petition directly with the USCIS – no Labor Certification

Types of I-140 petitionsExtraordinaryOutstanding Professor / ResearcherNational Interest Waiver

Requires three years experience and evidence that the applicant is at the very top in the specific field

International recognition in the field

Publications, citations, judging, major awards and honors to document original contributions to the field

Employer-specific

Must be a tenure-track or “permanent position”

Teaching or research

No salary requirement

No advertisement requirement

Advanced degree +2 years experiencePublications, citations, established in fieldKey role in research Can be self-filedDoes not require a permanent positionNo salary requirementNo advertisement requirementMust document why it is in the national interest

not to advertise

Step 1 -- file Form I-140 with USCIS Currently ~6 months processing Can pay to premium process Outstanding I-140

STEP 2 – file I-485 PR application if visa number available Currently ~6-10 months for employment-based

petitions

File both I-140 AND I-485 concurrently if a visa number is available.

September 2017 H-1B status granted through August 2019

December 2017 I-140 Outstanding petition filed

July 2018 I-140 petition approved

August 2018 I-485 filed to adjust to PR

February 2019 Permanent Resident status granted

I-140 Qualifying for Permanent Residence

I-485 Applying for ‘Green Card’

An immigrant visa number must be available for your country in the appropriate employment-based category at the time the I-485 is filed

•140,000 annual quota

•40,000 annual limit for each employment preference (EB1, EB2, etc.)

•7% limit from any single country

Date Labor Certification application filed; OR

Date I-140 filed if a Labor Certification is not required

Priority date = “place in line” for an immigrant visa

•Is issued monthly by the Department of State. Controls the total number of family- based and employment-based visas each year.

•Summarizes which priority dates have an immigrant visa number available in the current month.

•If the priority date is current, the applicant can file Form I-485 to adjust to PR status in the US or receive an immigrant visa if abroad

https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

Priority date is the date that a Labor Certification application was first filed OR the date the I-140 was filed if a Labor Certification is not required.

Two charts – *Final Action Dates (cases being adjudicated) and Dates for Filing (application can be submitted)

April 2017 Other China India Mexico Philip-pines

EB1 Extraordinary Ability; Outstanding

C C C C C

EB2 Labor Certification Advanced Degree; NIW

C 15JAN13 22JUN08 C C

EB3 Labor Certification Bachelor’s Degree

15FEB17 15AUG14 24MAR05 15FEB17 15SEP12

C = Current (proceed to PR as soon as qualified)

April 2017 Other China India Mexico Philip-pines

F1 unmarried child of USC

15OCT10 15OCT10 15OCT10 22MAY95 15JAN06

F2A spouses and children

08JUN15 08JUN15 08JUN15 22MAY15 08JUN15

F2B unmarried child of USC age 21 & older

15SEP10 15SEP10 15SEP10 22DEC95 15JUN06

F3 married child of USC

15MAY05 15MAY05 15MAY05 08JAN95 15SEP94

F4 brothers/sisters of adult USC

08MAY04 08MAY04 15AUG03 15JUN97 08SEP93

Source: US State Department Visa Bulletin

Must maintain nonimmigrant status and employment authorization while waiting for the priority date to become current.

October 2017 H-1B status approved through Sept 2020

January 2018 Labor Certification filed

August 2018 I-140 filed based on approved Labor Certification

January 2019 I-140 approved

Susie’s EB2 priority date is not current.

Extends H-1B status as needed until priority date is current and her I-485 can be filed.

Can extend H-1B beyond 6 years under certain circumstances.

Individuals with I-485 pending over 180 days may change jobs or employers, as long as new job is in same or similar occupational classification.

Labor Certification approval or the filing of an I-140 petition does NOT automatically give employment eligibility or permission to stay in the U.S.

Non-immigrant status must be maintained until PR status granted if remaining in the US.

Poplars 221400 E. Seventh Stphone 855-9086

OIS@iu.edu

ois.iu.edu